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Health courts: an alternative to traditional tort law.
J Perinat Neonatal Nurs. 2011 Apr-Jun; 25(2):99-102.JP

Abstract

The current adversarial tort-based system of adjudicating malpractice claims is flawed. Alternate methods of compensation for birth injuries related to oxygen deprivation or mechanical injury are being utilized in Virginia and Florida. Although utilization of both of these schemes is limited, and they are not without problems in application, both have been successful in reducing the number of malpractice claims in the tort system and in reducing malpractice premiums. While the Florida and Virginia programs are primarily focused on compensation, other models outside the US focus include compensation as well as enhanced dispute resolution and potential for clinical practice change through peer review. Experts in the fields of law and public policy in the United States have evaluated a variety of approaches and have proposed models for administrative health courts that would provide both compensation and dispute resolution for medical and nursing malpractice claims. These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety.

Authors+Show Affiliations

President, Perinatal Risk Management and Education Services, Portland, OR, USA.

Pub Type(s)

Journal Article

Language

eng

PubMed ID

21540680

Citation

Miller, Lisa A.. "Health Courts: an Alternative to Traditional Tort Law." The Journal of Perinatal & Neonatal Nursing, vol. 25, no. 2, 2011, pp. 99-102.
Miller LA. Health courts: an alternative to traditional tort law. J Perinat Neonatal Nurs. 2011;25(2):99-102.
Miller, L. A. (2011). Health courts: an alternative to traditional tort law. The Journal of Perinatal & Neonatal Nursing, 25(2), 99-102. https://doi.org/10.1097/JPN.0b013e318215926e
Miller LA. Health Courts: an Alternative to Traditional Tort Law. J Perinat Neonatal Nurs. 2011 Apr-Jun;25(2):99-102. PubMed PMID: 21540680.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Health courts: an alternative to traditional tort law. A1 - Miller,Lisa A, PY - 2011/5/5/entrez PY - 2011/5/5/pubmed PY - 2011/9/20/medline SP - 99 EP - 102 JF - The Journal of perinatal & neonatal nursing JO - J Perinat Neonatal Nurs VL - 25 IS - 2 N2 - The current adversarial tort-based system of adjudicating malpractice claims is flawed. Alternate methods of compensation for birth injuries related to oxygen deprivation or mechanical injury are being utilized in Virginia and Florida. Although utilization of both of these schemes is limited, and they are not without problems in application, both have been successful in reducing the number of malpractice claims in the tort system and in reducing malpractice premiums. While the Florida and Virginia programs are primarily focused on compensation, other models outside the US focus include compensation as well as enhanced dispute resolution and potential for clinical practice change through peer review. Experts in the fields of law and public policy in the United States have evaluated a variety of approaches and have proposed models for administrative health courts that would provide both compensation and dispute resolution for medical and nursing malpractice claims. These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety. SN - 1550-5073 UR - https://www.unboundmedicine.com/medline/citation/21540680/Health_courts:_an_alternative_to_traditional_tort_law_ L2 - https://doi.org/10.1097/JPN.0b013e318215926e DB - PRIME DP - Unbound Medicine ER -